Affidavits filed by ‘incompetent’ officials
Srinagar, Sept 21: Observing that the affidavits have been filed by the officials who are not party in the contempt petition, High Court has sought list of those Chief Secretaries and Financial Commissioners who have remained posted during the pendency of the case for taking action against them under contempt proceedings.
Petitioner-Sheikh Mushtaq Ahmad has filed contempt petition alleging violation of final judgment passed by Division Bench directing the authorities to place the whole matter with regard to selection and appointment of petitioner as Junior Assistant (OSC category) before the Chief Secretary of Union Territory of J&K.
The then CS was further directed to issue appropriate orders for appointment of petitioner as Junior Assistant under OSC category available in any of the departments of Union Territory of J&K viz. Tourism, Finance, Health, PWD, Planning and Development, Higher Education, Animal Husbandry and Cooperative.
On notice, authorities responded to the contempt pleadings under the signatures of Under Secretary to Government, Finance Department wherein it is stated that after the dismissal of the Review Petition, the matter was submitted to General Administration Department, UT of J&K.
When earlier asked to Government counsel he submitted that the judgment of the Division Bench has been challenged before the Supreme Court in SLP. “There is no scope for the respondents, but to implement the order/judgment unless contrary orders are passed by the Supreme Court”, the Court had directed.
The Division Bench of Chief Justice Pankaj Mithal and Justice Sindhu Sharma while calling the list of CSs and FCs who had remained posted during the pendency of the instant case said the SLP has also been dismissed by the Supreme Court as such the judgment of DB and order of the Writ Court has attained finality.
Court recorded that there appears to be no impediment on the part of the authority in not implementing the order of the Writ Court. Court on perusal of the contempt record said that certain statement of facts and affidavits have been filed by different persons who are not even party to the contempt proceedings.
“Therefore, we are prima-facie of the opinion that they have no locus standi to file such affidavits or statement of facts. In fact, all officers seized of the matter since the passing of the judgment and order by the Writ Court till date appear to be responsible for not implementing the judgment of the High Court”, the DB recorded.
Court in this view directed the Government counsel to submit a list of all those officers who have remained posted during the above period as Chief Secretary and Financial Commissioner so that we may take appropriate action under the Contempt of Courts Act, if necessary, against all of them.
Government counsel submitted that he has filed a statement of facts on behalf of present FC but court recorded it cannot accept the statement of fact as the Government counsel has no power of attorney on behalf of FC to appear on his behalf and to file any document.
The Court directed him to seek instructions as to the time frame within which the FC proposes to get the judgment and order of the Writ Court implemented.